Defense says testimony from experts will show Yeardley Love did not die from blunt force trauma but

[Anonymous]

Help me out on this one. Huguely told the police that he kicked in the door and beat her and she dies. Does it matter if a heart condition or a beating caused her death? Isn't it still a death in the commission of a felony?

[Anonymous]

I would think the Eggshell skull rule would apply here. You take your victim as you find them. So he's responsible for her death even if that means the hastening of it.

[Anonymous]

I have been in and around the criminal justice system for 32 yrs. (defense attorney, judge, govt. attorney) and one thing I have learned is that while I think the odds are overwhelming that the defendant is guilty of at least 2d degree murder here, none of us where there; none of us know what happened; and we have to see the evidence and then decide.

Almost anything is possible. Our assumptions have to be borne out by facts proven by evidence. Speculating either way before the evidence is heard is nothing more than that -- mere speculation.

I'll be surprised if his story plays out but I want to hear the evidence.

[Anonymous]

^^^^
should read "none of us were there" (not "where")...

[Anonymous]

Anonymous wrote:Help me out on this one. Huguely told the police that he kicked in the door and beat her and she dies. Does it matter if a heart condition or a beating caused her death? Isn't it still a death in the commission of a felony?

I haven't re-read the indictment but I don't think he is charged with that, so intent may be the whole issue.

[Anonymous]

Anonymous wrote:I have been in and around the criminal justice system for 32 yrs. (defense attorney, judge, govt. attorney) and one thing I have learned is that while I think the odds are overwhelming that the defendant is guilty of at least 2d degree murder here, none of us where there; none of us know what happened; and we have to see the evidence and then decide.

Almost anything is possible. Our assumptions have to be borne out by facts proven by evidence. Speculating either way before the evidence is heard is nothing more than that -- mere speculation.

I'll be surprised if his story plays out but I want to hear the evidence.

If Casey Anthony and OJ can do it anyone can! There's hope for GH!

[Anonymous]

Anonymous wrote:

Anonymous wrote:I have been in and around the criminal justice system for 32 yrs. (defense attorney, judge, govt. attorney) and one thing I have learned is that while I think the odds are overwhelming that the defendant is guilty of at least 2d degree murder here, none of us where there; none of us know what happened; and we have to see the evidence and then decide.

Almost anything is possible. Our assumptions have to be borne out by facts proven by evidence. Speculating either way before the evidence is heard is nothing more than that -- mere speculation.

I'll be surprised if his story plays out but I want to hear the evidence.

If Casey Anthony and OJ can do it anyone can! There's hope for GH!

PP here.

those were both cases in which (IMO) the verdict was the result of investigative and prosecutorial incompetence, not the facts.

In the OJ case I thought the verdict was almost inexcusable.

In the Anthony case, it was completely foreseeable and understandable given the prosecution's case and the evidence.

You may not like that but reasonable doubt is a function of the case presented, not "the facts" per se.

Here, I see a harder row to hoe for the defense.

[Anonymous]

Anonymous wrote:
Not the "mentally ill" pp but DCUM is so full of wisdom tonight. See I thought that every killer was mentally ill. But thanks for clarifying that it's not always the case.

you were wrong...many killers are no more mentally ill than the general population...they just choose to ignore society's strictures

[Anonymous]

Anonymous wrote:

Anonymous wrote:Help me out on this one. Huguely told the police that he kicked in the door and beat her and she dies. Does it matter if a heart condition or a beating caused her death? Isn't it still a death in the commission of a felony?

I haven't re-read the indictment but I don't think he is charged with that, so intent may be the whole issue.

What wasn't he charged with? If someone dies during the commission of a felony, that is not a separate charge. It does trigger a 1st degree murder charge without consideration given for intent.

Huguely was charged with grand larceny, robbery, burglary, 1st degree murder and entering a home with intent to commit a felony.

[Anonymous]

PP here again. Here is a case of a home owner shooting an intruder to death. The dead man's accomplice was charged with his murder, even though he had no intention of killing his partner and took no part in the actual killing.

http://www.cbsnews.com/8301-504083_162-57352344-504083/okla-teen-mom-asks-911-for-permission-fatally-shoots-intruder-on-new-years-eve/

[Anonymous]

Anonymous wrote:I have been in and around the criminal justice system for 32 yrs. (defense attorney, judge, govt. attorney) and one thing I have learned is that while I think the odds are overwhelming that the defendant is guilty of at least 2d degree murder here, none of us where there; none of us know what happened; and we have to see the evidence and then decide.

Almost anything is possible. Our assumptions have to be borne out by facts proven by evidence. Speculating either way before the evidence is heard is nothing more than that -- mere speculation.

I'll be surprised if his story plays out but I want to hear the evidence.

Are you on the defense team by any chance? If we were on the jury, then yes we'd have to wait for the evidence. But come on, it's pretty damn clear he murdered her regardless of the verdict.

[Anonymous]

Anonymous wrote:

Anonymous wrote:The time it took to get this to trial is an indication that the defense team was working overtime trying to figure out a defense...........His violent history will make this very difficult, I hope.

Exactly! The Lululemon killer went on trial within what, four months after committing murder? This guy's been sitting in jail for two years now..

He's pleading not guilty, the Lululemon pleaded guilty but not premeditated. There's a difference.

[Anonymous]

I think when you kick in someone's door after you have previously been observed putting that person in a choke hold (where the person was pleading for help and crying) and then you assault the person and she dies.... I think any jury is going to find intent to kill.... first degree.

You don't kick in someone's door when you just want to "talk and make up" like the defense is arguing. You kick in someone's door b/c you want to assert your will over theirs. When the person ends up beaten up and dies, you really have no reasonable doubt that the person who kicked in the door intended to do serious harm.

These types of cases are in the Wash Post all the time. Execpt in those cases, the offender isn't rich, his name is Dashawn, and the victim is just a struggling black woman who stayed with the known felon too long. The television value isn't there b/c you don't have beautiful, rich people in trouble. And I'm certain a jury would convict "DaShawn" of 1st degree murder. I don't see how GH is getting out of this. Too bad for him that he is finally learning some limits from the judicial system instead of his parents/coaches. And especially too bad that it was at the expense of the victim, YL.

[Anonymous]

Before you play the racist card, remember that the legal system allows the rich (black or white) to pay for a better defense.
Most any poor guy will be convicted before any rich guy, black or white.
See, e.g., People of the State of California v. Orenthal James Simpson.

[Anonymous]

Anonymous wrote:He's been in the local jail, which is not too bad in Cville. Wait til he gets to the state pen... then Georgie is going to meet some serious dudes who would LOVE to have a preppy boyfriend. That's when Georgie is going to cry. Money isn't going to get him out of this one.

I'm sorry, but no one deserves to be raped, no matter what they did. This is clearly a kid who did a horrible thing, but glee at him getting raped in prison is ugly.